Mahmundi and others v. Greece
Court rulings- Court
- ECtHR
- Type of violation
- (Art. 13) Right to an effective remedy
- (Art. 3) Prohibition of torture
- (Art. 5) Right to liberty and security
- Year of detention
- 2009
- Year
- 2012
- Detention type
- Special Holding Facility for Aliens
- Summary of case
- Greek maritime police rescued the applicants, five Afghan nationals, and detained them at Pagani Special Holding Facility for Aliens pending removal. Three of the applicants were parents to minor children or teenagers, while one applicant was nine months pregnant. The Director General of the Northern Aegean Police recognized their immediate expulsion was impracticable and instead ordered for the applicants to present themselves at a designated police station in Athens twice a month. Greek authorities subsequently transferred them from Lesvos to Piraeus. The applicants were forced to sleep on the streets of Athens due to the lack of available space at the homeless centre. Reports at the time from Doctors Without Borders and the Committee for the Prevention of Torture emphasised ‘overcrowding, poor hygiene conditions and lack of outdoor activities’ at Pagani Detention Centre. Pregnant detainees, such as one of the applicants, often did not receive any medical examinations. The applicants’ children also suffered similar conditions. The state of detention, paired with the lack of effective domestic judicial review of their detention pending expulsion, led the Court to determine that there was a violation of Article 3, Article 5(4) and Article 13.
- Related detention centre
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